Kumaran vs State Of Kerala
2022 Latest Caselaw 10976 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
        Thursday, the 3rd day of November 2022 / 12th Karthika, 1944
               CRL.M.APPL.NO.1/2022 IN CRL.A NO. 951 OF 2022

             SC 633/2017 OF FAST TRACK SPECIAL COURT, PALAKKAD

PETITIONER/PETITIONER:

     KUMARAN ,AGED 69 YEARS, S/O. CHATHU RAMACHAN ,PADINJAREKKAD,
     CHULLIMADA, KANJIKKODE.P.O, KANJIKKODE VILLAGE, PALAKKAD
     TALUK,PALAKKAD DISTRICT., PIN - 678621

RESPONDENT/RESPONDENT:

     STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
     KERALA, PIN - 682031


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence vide judgment
dated 16-06-2022 in SC.NO.633/2017 of the Court of Fast Track Special
Court ,Palakkad,during the pendency of above Criminal Appeal,and direct to
release the petitioner/appellant,so as to secure the ends of justice.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.MINI.V.A., Advocate for the
petitioner and of PUBLIC PROSECUTOR for the respondent, the court passed
the following:




                                                                       P.T.O
        ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
  =============================================
                 Crl.M.A. No. 1 of 2022
                           in
                 Crl.A. No. 951 of 2022
    (arising out of the impugned judgment dated 16.6.2022 in S.C. No. 633/2017
                on the file of the Fast Track Special Court, Palakkad)
  =============================================
          Dated this the 3rd day of November, 2022

                                  ORDER

The report dated 28.10.2022 of the Fast Track Special Court,

Palakkad, furnished through the letter dated 31.10.2022 of the

Principal District Judge, Palakkad, appears to be incomplete

inasmuch as copy of the order dated 6.9.2021 altering the charge in

S.C. No. 633/2017, which is also said to be attached along

with the said report, has not been made available for the perusal of

this Court.

2. The Fast Track Special Court, Palakkad and the Principal

District Judge, Palakkad, will ensure that copy of the said order

dated 6.9.2021 issued by the Fast Track Special Court, altering the

charge in S.C.No.633/2017, is made available to this Court by

E-mail attachment and fax within a week.

3. Further, the Principal District Judge, Palakkad, will also Crl.M.A. No. 1/2022 in Crl.A. No. 951/2022

- : 2 :-

collect the requisite information regarding the First Information

Statements pertaining to the crimes in S.C.Nos.634, 647, 635 and 644

of 2017 from the 1st Addl. Sessions Court, Palakkad, and report in

that regard may be furnished either by the 1st Addl. Sessions Court,

Palakkad or the Principal District Judge, Palakkad, within a week.

The details of the said Sessions Cases as to whether they are

pending, disposed etc. should also be indicated in this report.

Legible written versions of the First Information Statements along

with copies of the FIRs in the instant Sessions Case S.C.No.633/2017

of the Fast Track Special Court, Palakkad and S.C.Nos.634, 647,

635, and 644 of 2017 from the 1 st Addl. Sessions Court, Palakkad

shall be made available by the Principal District Judge, Palakkad to

the Registry of this Court along with the above Report

within 2 weeks.

4. The Registry will communicate copy of this order

immediately to the Fast Track Special Court, Palakkad, Principal

District Judge, Palakkad and the 1st Addl. Sessions Court,

Palakkad for necessary information and compliance.

Crl.M.A. No. 1/2022 in Crl.A. No. 951/2022

- : 3 :-

5. The learned Prosecutor will ensure that the objections

of the respondent State is furnished without any further delay.

List on 28.11.2022.

Hand over to both sides.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

VIJU ABRAHAM, JUDGE MMG

03-11-2022 /True Copy/ Assistant Registrar